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During the review of the Republic of Armenia, the United Nations Committee Against Torture (CAT)took note of Armenia’s numerous planned and ongoing reforms, including the drafting of a new criminal code with a revised definition of torture and of other articles that currently contradict theConvention, such as article 119 of the criminal code, which excludes public officials from prosecution for torture and other cruel, inhuman or degrading treatment or punishment, and article 341 of the criminal code, which only criminalizes torture or coercion as a method of extracting testimonies in the case of a trial. The intended proposals also comprise, amongst other measures, the drafting of new laws on alternative military service, on equal rights for women, and on family violence, as well as the reform of the penitentiary system and the writing of a protocol to regulate apprehensions and custody.

The Committee is concerned that the criminal code fails to define torture and that it does not hold officials liable for torture. The Committee reminded Armenia that the prohibition of torture is absolute, and as such, by granting amnesty to public officials, the Armenian criminal code contradicts international standards.

CAT voiced deep concern about the number of soldiers who die annually from suicide and incited suicide, calling on the State to comment on the cases of Vardan Sevian, Gevorg Kotinian and Artak Nazerian. In 2011, the cause of death of 10 people in the Armenian Armed Services was suicide or incited suicide, and the deaths of these three soldiers raise questions about the impunity of the authorities and the quality and impartiality of the investigations undertaken. Vardan Sevian’s cause of the death was officially reported as suicide, despite unexplained cuts on his neck, and despite the fact that Sevian was right handed and the bullet wound was on the left of his neck, which would have required that he had shot himself from a difficult angle. In another case, the Military Commissariat originally identified the cause of Gevorg Kotinian’s death as cardiac arrest, however an autopsy and investigation revealed that he had been severely beaten by 4 of his fellow servicemen. Similarly, in the case of Artak Nazerian, the authorities identified his death as a suicide, however an autopsy found signs of ill treatment, and a further investigation confirmed that Nazerian had been killed. The Armenian Military was extremely reluctant to investigate Nazerian’s death along any lines other than suicide, and excluded the victim’s family from the prolonged investigation.

These cases of suicide and incited suicide, among others, were a strong focus of the NGO Report submitted to the CAT by the coalition of NGOs and partners of the Human Rights House Network and members of South Caucasus Network of Human Rights Defenders.

The Committee repeatedly questioned Armenia about the widespread problem of corruption and the reported low level of trust in the police and judiciary, which is allegedly due to the existence oflarge-scale impunity and fear of retaliation. It expressed deep concern regarding the lack of legal safeguards before the protocol of arrest, and the real implementation of the maximum of 72 hours in detention.

The Committee also drew the government’s attention to the insufficient funding received by the Office of the Public Defender, which hinders its capacity to function properly, as well as the insufficient funding for legal aid. In addition, the Committee expressed its doubts about the real efficiency of the independent investigation unit and its ability to hold investigations in matters involving public officials.

WATCH REVIEW OF ARMENIA

The Human Rights House Foundation, in cooperation with the Centre for Civil and Political Rights and the treaty body webcast coalition, has webcasted the review of Armenia at CAT.

You can watch the review here:

• Introduction and questions by the Committee
• Responses by government and Q & A